Special Counsel Jack Smith Appeals Florida Judge’s Decision to Dismiss Case Against Trump
Special Counsel Jack Smith has filed a notice to appeal a Florida judge’s decision to toss his case against former President Donald Trump related to his handling of classified documents. U.S. District Judge Aileen Cannon dismissed Smith’s case, citing that Smith’s special counsel appointment by Attorney General Merrick Garland was unconstitutional.
Trump had faced charges stemming from Smith’s investigation into his possession of classified materials at Trump’s Mar-a-Lago residence. He pleaded not guilty to all 37 felony counts from Smith’s probe, including willful retention of national defense information, conspiracy to obstruct justice, and false statements.
The notice of appeal was filed in the 11th Circuit. The Justice Department had no further comment Wednesday. A spokesperson for Smith had previously said that “the dismissal of the case deviates from the uniform conclusion of all previous courts to have considered the issue that the Attorney General is statutorily authorized to appoint a Special Counsel,” and that the Justice Department has authorized the Special Counsel to appeal the court’s order.
The Appointments Clause says that officers of the United States must be appointed by the President subject to the advice and consent of the Senate, although Congress may vest the appointment of inferior officers in the President alone, in the Courts of Law, or in the Heads of Departments. Smith, however, was never confirmed by the Senate.
Former President Trump’s spokesperson, Steven Cheung, called for the dismissal of all “Witch Hunts” against Trump, referring to the politically motivated legal actions. The appeal notice comes after an assassination attempt against Trump at a Pennsylvania campaign rally.
The case continues to draw attention as it raises constitutional questions about the appointment of special counsels and the role of Congress in authorizing expenditures by law. Stay tuned for updates on this developing story.
